UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RUDOLPH W. GRIFFIN, Petitioner, 1:24-CV-5687 (LTS) -against- ORDER OF DISMISSAL A. TITUS, Superintendent, Orleans Correctional Facility, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated January 2, 2025, the Court granted Petitioner 60 days’ leave to show cause by declaration why the Court should not deny his petition for a writ of habeas corpus, construed as brought under

, as time-barred. That order specified that failure to comply would result in denial of the petition as time-barred. Petitioner has not filed a declaration in response to that order. Accordingly, the Court denies the petition as time-barred. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See

. The Court certifies, under

(a)(3), that any appeal from this order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States,

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).The Court directs the Clerk of Court to enter a judgment dismissing this action for the reason set forth above and denying a certificate of appealability. SO ORDERED. Dated: April 18, 2025 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge